Prescription is the process of acquiring rights and in particular obtaining a good title to land as a result of the passage of time. The reasoning behind this is that a person who has enjoyed 'quiet and uninterrupted' possession of land for a long period of time with a registered title should be granted a right to it.

There are two forms of prescription, positive and negative.

Positive Prescription

• Land

Positive Prescription provides that where someone has possessed land "openly, peaceably and without judicial interruption (a court action which challenges the possession in question)" on the strength of a valid recorded title covering the land in question for 10 years they will obtain a good title to it. Such possession can usually be proven by the provision of affidavits (sworn statements by affected parties).

• Servitudes/Public Rights of Way

Positive Prescription will also apply to servitudes and public rights of way, however, this requires use of the servitude or public rights of way for 20 years.

The provision of an affidavit is not enough to prove the existence of such servitudes, a court declaration will be required.

Negative Prescription

This is where rights are extinguished after a certain amount of time rather than created.

This mainly applies to servitudes rights and provides that if such rights are not used for 20 years these will be extinguished.

Negative Prescription does not apply to ownership of land or rights under a lease.

If you would like advice on acquiring rights to land by prescription rights please do not hesitate to contact our property team who would be happy to assist.